United States v. James Himick

James Himick appeals his conviction and sentence for distributing ecstasy in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). On appeal, he argues that the district court abused its discretion by denying his motion to withdraw his guilty plea. He further argues that the district court erred by sentencing him as a “career offender” under § 4B1.1 of the U.S. Sentencing Guidelines, after two of his predicate state court convictions were vacated on constitutional grounds.

I. Denial of Motion to Withdraw Guilty Plea

Himick asserts that he provided to the court a “fair and just reason” for the…